HomeMy WebLinkAboutResolution No. 02-14 CITY OF THE COLONY, TEXAS
SOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS AUTHORZING AGREEMENT WITH THE TEXAS
STATE LIBRARY AND ARCHIVES COMMISSION (TSLAC) TO
ACCEPT A GRANT AWARD OF $5,666 FOR THE LIBRARY OF THE
CITY OF THE COLONY; DECLARING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the Library Department is hereby authorized to enter into a contract
with the Texas State Library and Archives Commission (TSLAC) to accept a grant award
of $5,666.00 for The Colony Public Library
Section 2. That this resolution is effective from and after its passage.
PASSED AND APPROVED this 6th day of May 2002.
Bernetta Henville-Shannon, Mayor
City of The Colony, Texas
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
Go~-~l~l~e 1,
TEXAS STATE LIBRARY & ARCHIVES COMMISSION
LOAN STAR LIBRARIES GRANT
Grant # 442-02468
I. CONTRACTING PARTIES
Grantor: Texas State Library and Archives Commission (TSLAC)
Grantee: City of The Colony, The Colony Public Library
6800 Main Street R~~D
The Colony, Texas 75056
II. TERM OF GRANT
ACCOUNTING
September 1, 2001 to August 31, 2002
III. GRANTOR CERTIFICATION
The Grantor certifies that (1) the services specified below are necessary and essential for activities
that are properly within the statutory functions and programs of the affected organizations; (2) the
services, supplies or materials contracted for are not required by Section 21 of Article 16 of the
Constitution of Texas to be supplied under contract given to the lowest bidder; and (3) the grant is in
compliance with Texas Government Code § 441.0091 et. seq., the Library System Act; Texas
Government Code § 441.006, General Powers and Duties; and, the Uniform Grant Management
Standards (UGMS).
IV. GRANT AMOUNTS
A. The total amount of the grant shall not exceed: $5,666
B. Source of funds: General Revenue
State Fiscal Year 2002
TSLAC's accounting codes: Index Code 34421
Object Code 7611
Fiscal Year 2002 Page 1 ot5 8
Citv of The Colonv Loan Star l.ibraries Grant
C. Budget:
Personnel $3,015
Fringe Benefits $241
Supplies $2,410
Total Direct Costs $5,666
Indirect Costs
Total $5,666
V. WRITTEN PRIOR APPROVALS FOR FISCAL AND PROGRAMMATIC CHANGES
A. The Grantor must give written prior approval for any of the following fiscal changes:
~ 1. Making cumulative transfers among budget cost categories or projects which are expected
f/ to exceed ten (10) percent of the total grant.
? 2. Transferring any funds into a budget cost category that equals zero ($0).
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Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision
Form and shall be requested when nearing the 10% limit or the end of the grant term. This
provision does not allow the grant to be exceeded. All prior approvals must be requested by
August 1, 2002. Approvals received after this date will be considered on a case-by-case
basis.
B. The Grantor must give written prior approval for any of the following programmatic changes to
the application (Loan Star Libraries Grants for State Fiscal Year 2002).
1. Changing key persons specified in the grant; however, none of the personnel are considered
key personnel for the purpose of this section.
2. Obtaining the services of a third party to perform activities that are central to the purposes
of the grant.
3. Changing the scope or objectives (regardless of whether there is an associated budget
revision). A change in scope is a substantive difference in the approach or method used to
reach program objectives.
Written prior approval is to be requested on the Loan Star Libraries Grant Program Revision
Form. All prior approvals must be received by August 1, 2002.
Fiscal Year 2002 Page 2 of 8
City of The Colony [oan Rtar [ ihrarie< Gra~t
C. The Grantor hereby gives prior approval for the items specified under the cost categories outlined
below. Before the Grantee obligates or expends grant funds for additional items in the following
cost categories, the Grantor must give written prior approval. Written prior approval is to be
requested on the Program Revision form. Written prior approval is also required if an item's cost
or features are substantially different from what the grant specifies, or from a previous Program
Revision. All Program Revision forms must be received by Grantor on or before August 1, 2002.
COST CATEGORIES
1. Preaward Costs
None
2. Insurance (if not required by the grant)
None
3. Rearrangements and Alterations of Facilities
None
4. EquipmenffProperty
None
Subject to the obligations and conditions set forth in Uniform Grant Management Standards
(UGMS) Section III, Subpart C.32 (a), title to equipment acquired under a grant will vest upon
acquisition in the Grantee.
Each piece of equipment/property is an article of nonexpendable, tangible personal property
having a useful life of more than one year and an acquisition cost that exceeds the capitalization
amount established by Grantee's governing entity. Equipment/property includes furniture, library
materials, etc., purchased wholly or in part with grant funds. The prior approval amount is the
capital expenditure, which means the cost of the equipment/property including the cost to put it
in place. Capital expenditure for equipment/property means the net invoice price of the
equipment/property, including the cost of any modifications, attachments, accessories, or
auxiliary apparatus necessary to make it usable for the purpose for which it is acquired.
Ancillary charges, such as taxes, duty, protective in transit insurance, freight, and installation
may be included in, or excluded from, capital expenditure cost in accordance with the Grantee's
regular accounting practices.
VI. STATEMENT OF SERVICES TO BE PERFORMED
The Grantee will comply during the period of this contract and provide services outlined within the
grant application (Loan Star Libraries Grants Plan of Action for SFY 2002) as approved by the
Grantor.
Fiscal Year 2002 Page 3 of 8
CiW of The Colonv Loan Star Libraries Grant
VII. TERMS AND CONDITIONS
A. The Grantee will comply with the Loan Star Libraries Administrative Rules for SFY 2002. Note
that per 2.165(c) of the Rules, assurances relating to non-resident fees or TexShare Library Card
Program are in effect for entire term of grant contract.
B. The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve,
and enhance local library services, and to provide Texans who are not residents of a particular
local community access to and services from the many participating public libraries.
C. The Grantee will comply with the Rules for Administering the Library Systems Act. Note that
Grantee must continue to meet system membership requirements to be eligible for future grants,
per Texas Government Code 441.138(c).
D. The Grantee will comply with the following three parts of the Governor's Office of Budget and
Planning Uniform Grant Management Standards (UGMS), revised January 2001, located at
http : //www. governor, state, tx. us/the_office/gts_tracs/Grants/guidel ines. htm.
1. Cost Principles for state and Local Governments and Other Affected Entities
(adapted from OMB Circular A-87)
2. State Uniform Administrative Requirement for Grants and Cooperative Agreements
(adapted from OMB Circular A- 102)
3. State of Texas Single Audit Circular
E. The Grantee will send the Grantor a copy of any management letters issued by the auditor with
the reporting package (or written notification, as applicable). The audit's Schedule of
Expenditures of Federal and State Awards will list the amount of awards expended for each
award year separately.
F. The Grantee may not obligate grant funds after August 31, 2002. By October 31, 2002, all
obligations must be liquidated. Any interest accrued above $100 must be returned to Grantor,
per requirements in UGMS. All unexpended funds must be returned to the Grantor.
G. The Grantee will add any program income to the funds committed to the grant, using such
program income for the purposes and under the conditions of the grant. The source and amount
of the program income must be explained in box 12 of the Financial Status Report.
H. All publicity relating to the grant award must include acknowledgement of the Texas State
Library and Archives Commission whenever possible and practical. Publicity includes but is not
limited to press releases, media events, public events, displays in the library, announcements on
the library's website, and materials distributed through the grant project.
Fiscal Year 2002 Page
I. The Grantee certifies by this contract that it will comply with the Assurances - Non-Construction
Programs (OMB Standard Form 124B), the Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, and the Certification
Regarding Lobbying as submitted to the Grantor. Additional assurances are listed in UGMS,
Subpart B. 14.
J. The Grantee affirms that it has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip, favor or service to a public servant in connection with this contract. The Grantee further
affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything
of monetary value from contractors, potential contractors or parties to subagreements.
K. The Grantee agrees to provide the Grantor with one (1) set of any public relations materials
produced under this grant.
L. The Grantee agrees to maintain records on all equipment/property with an acquisition cost that
exceed governing entity's capitalization level. The Grantee will reconcile the equipment/property
records with a physical inventory of the equipment/property every two years.
The UGMS Subpart C, Sec. 32, (d) (3) requires certain items of equipment (stereo systems, still
and video cameras, facsimile machines, VCRs and VCR/TV combinations, and cellular and
portable telephones) to be maintained on inventory if their cost is above $500, or if they could be
easily lost or stolen.
Subject to the obligations and conditions set forth in the UGMS Section III, Subpart C, Sec. 32
(a), title to equipment acquired under a grant will vest upon acquisition in the Grantee.
When property is vested in the Grantee, the Grantee will dispose of equipment/property in
accordance with the UGMS Subpart C, Sec. 32, (e).
M. The Grantee agrees to submit the Equipment/Property Acquired form by October 31, 2002 for all
equipment/property purchased during that grant year.
N. The State Legislature has charged the Grantor with submitting performance measurement reports
that specify the level of services provided by its programs and services. The Grantee agrees to
submit reports that are timely, accurate, auditable, and consistent with definitions.
The Grantee agrees to submit the Loan Star Libraries Reporting Form for Loan Star Libraries
Grants according to the following schedule and grant award:
Reporting Period Due Date ~
September 1, 2001 - May 31, 2002 June 6, 2002 Over $5,000
June 1, 2002 - August 31, 2002 September 6, 2002 Over $5,000
September 1, 2001 - August 31, 2002 September 6, 2002 Under $5,000
Fiscal Year 2002 Page 5 of 8
City of The Colonv Ioan Star I ihrarieq Grant
If library materials ordered with grant funds are received after the end of the grant year, a final
Loan Star Libraries Report may also be required covering receipt of those materials. This final
report will be due on or before November 15, 2002.
Note: Per Rule 2.165 (e), future funds will not be awarded to a library until all requirements for
all preceding contracts have been fulfilled.
O. The Grantee agrees to submit the Financial Status Report for this contract according to the
/ollowlng scnectule:
Reporting Period Due Date Grant Award
September 1, 2001 - May 31, 2002 June 6, 2002 Over $5,000
June 1, 2002 - August 31, 2002 September 6, 2002 Over $5,000
September 1, 2001 - August 31, 2002 September 6, 2002 Under $5,000
If necessary, a final Financial Status Report is due on or before November 15, 2002.
P. The Grantee agrees to maintain all financial and programmatic records, supporting documents,
statistical records, and other grantee records according to Section II, Subpart C.42, of UGMS. In
general, Grantees must maintain records for a minimum of three years from the date the Grantee
submits to Grantor the last single audit or audit report for the grant period.
VIII. ENFORCEMENT
A. Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term
of an award, whether stated in a federal or state statute or regulation, an assurance, in a state plan
or application, a notice of award, or elsewhere, the awarding agency may take one or more of the
following actions, or impose other sanctions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or
subgrantee or more severe enforcement action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance,
(3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's
program,
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
B. Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee
or subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which
the grantee or subgrantee is entitled under any statute or regulation applicable to the action
involved.
Page 6 ot5 8
Fiscal Year 2002
(?ltv nfThe Colonv l.oan Star l.ibraries Grant
C. Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations
incurred by the grantee or subgrantee during a suspension or after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the notice of suspension or
termination or subsequently. Other grantee or subgrantee costs during suspension or after
termination which are necessary and not reasonably avoidable are allowable if:
(1) The costs result from obligations which were properly incurred by the grantee or subgrantee
before the effective date of suspension or termination, are not in anticipation of it, and, in the
case of a termination, are noncancelable, and,
(2) The costs would be allowable if the award were not suspended or expired normally at the end
of the funding period in which the termination takes effect.
D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section,
including suspension and termination, do not preclude grantee or subgrantee from being subject to
"Debarment and Suspension" under E.O. 12549 (see Section ~.35) and state law.
IX. CONTACTS AT TSLAC
Questions or concerns about programmatic issues and Program Revision Requests should be directed
to this grant's Project Manager:
Deborah Littrell Phone: 512-463-5456 Fax: 512-463-8800
Director, Library Development Division E-mail: dlittrell~tsl.state.tx.u.s.
Questions or concerns about regulatory or financial issues should be directed to:
Manager of Accounting and Grants Department
Phone: 512-463-6626
E-mail: camack~tsl.state,tx.us
Fax reports to: Grants Accountant
Phone: 512-463-5472 Fax: 512-463-3560
E-mail: accounting~tsl.state.tx.us
Payments to the Grantor, such as those for interest earned each quarter on advanced funds, should be
mailed with an explanation of the purpose of the payment and the grant number to:
Accounting and Grants Department
Texas State Library and Archives Commission
PO Box 12516
Austin, TX 78711-2516
Fiscal Year 2002 Page
c'itv of The Calmly ! nan Rt~qr 1 ihrnrieq ~rnr~t
X. APPLICABLE AND GOVERNING LAW
A. This grant shall be governed by the laws of the State of Texas. All duties of either party shall be
legally performable in Texas. The applicable law for any legal disputes arising out of this
contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and
the forum and venue for such disputes shall be Travis County, District Court.
B. This grant is subject to availability of funds.
XI. SIGNATURES
GRANTOR GRANTEE
Texas State Library and Archives Commission City of The Colony, The Colony Public Library
Edward Seidenberg, Assistant State Librarian Sign-ature (Must be an official empowered
to~ter into cont~
Typewritten or Printed Name'
Date
Donna Osborne, Chief Fiscal Officer Title
Date Date
Page 8 of 8
Fiscal Year 2002